To touch another person in a sexual manner without their consent is sexual assault. It is a serious crime, carrying a sentence of up to seven years in prison.

What is a sexual assault?

The legal definition of sexual assault, as per the Sexual Offences Act 2003, is

1. A person intentionally touches;
2. Another person;
3. Sexually;
4. Without their consent or reasonable belief in their consent.

There is a similar offence to sexual assault called ‘assault by penetration’. Here:

1. A person intentionally penetrates the vagina or anus;
2. Of another person;
3. With their body or an object;
4. Without their consent or reasonable belief in their consent.

What makes touching ‘sexual?’

If the touching is not sexual, then the offence is not committed. For instance, the caselaw tells us that being squashed against to another person on a crowded train is not a crime on its own. For the activity to be sexual, the test is whether a reasonable person would consider it to be sexual in nature or in context. Deliberately touching someone’s bottom on the train would be sexual by nature. Snipping off a lock of the person’s hair may be sexual in context.

What defences are available to me?

The most common defence to an allegation of sexual assault is that the touching was not deliberate. In crowded public spaces or with a lapse of concentration, an accidental touch of another person can quickly be misinterpreted. Another defence available is that there was reasonable belief in consent to the act. Sometimes, people make false or malicious reports of sexual assault after a consensual encounter. We can successfully defend those who are falsely accused and are sensitive to cultural concerns.

Can I have a jury trial?

Yes. Sexual assault is an ‘either-way’ offence, which means it may be tried either in the magistrates’ court or the Crown Court. You may choose to have your case tried in the Crown Court, with a jury.

What are the factors a court will consider when sentencing for sexual assault?

The sexual assault offence covers many acts, from the touching of breasts over clothes to very violent acts indeed.

The court will consider whether the act was planned, whether there was an abuse of trust and the nature of the assault itself.

Convicted offenders may have a ‘Sexual Harm Prevention Order’ imposed upon them. This order may require, among other potential conditions, that the offender is denied access to the internet without the approval of the police.